Bombay High Court

2 BALAJI MALLIKARJUN ADE ALREADY ON RECORD AS 1/5versusGODAWARIBAI DEVIDASRAO PATIL

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay, set aside the abatement, granted permission to bring the deceased’s legal representatives on record, and fixed the final hearing date.

Summary

The appellant sought condonation of a 297‑day delay in filing a civil application to bring the legal representatives of a deceased party on record, and to set aside an abatement that had been effected. The respondents opposed the application. The court examined the reasons for the delay and found it was not deliberate, granting condonation in the interest of justice. Consequently, the abatement was set aside and permission was granted to amend the pleadings to include the deceased’s legal representatives within two weeks, subject to costs for non‑compliance. In a separate application, the court fixed the date for the final hearing of the second appeal and related connected appeals. Both applications were allowed and disposed of accordingly.

Issues considered

Whether a delay of 297 days in filing a civil application for bringing legal representatives of a deceased appellant on record can be condoned.
Whether the abatement of the appellant’s case should be set aside.
Whether permission should be granted to bring the legal representatives of the deceased appellant on record.
Procedural issue of fixing the final hearing date for the second appeal and connected appeals.

Subjects

condonation of delay
abatement
legal representatives of deceased
civil procedure
final hearing
Second Appeal
Bombay High Court

Judgment

                                              1001 SA NO. 80 OF 2023.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
             1001 SECOND APPEAL NO. 80 OF 2023

                   Godawaribai Devidasrao Patil
                             VERSUS
            Madhavi Mallikarjun Ade (died) Through Lrs.
                                ...
Mr. Patil Indrale Anand Vinayakrao, Advocate for Appellant
Mr. Rahul R. Deshmukh, Advocate for Respondent No. 1/5
                              WITH
             SECOND APPEAL NO. 121 OF 2014WITH
  CIVIL APPLICATION NO. 7765 OF 2025 IN SA/80/2023WITH
  CIVIL APPLICATION NO. 3445 OF 2024 IN SA/80/2023WITH
  CIVIL APPLICATION NO. 3358 OF 2024 IN SA/80/2023WITH
             SECOND APPEAL NO. 120 OF 2014WITH
                  SECOND APPEAL NO. 7 OF 2015
                                ….

                   CORAM : SANJAY A. DESHMUKH, J.
                     DATE : 28.08.2026
PER COURT :-

CIVIL APPLICATION NO. 3445 OF 2024 IN SA/80/2023

1.        Heard learned Advocates for both sides.


2.        This is an application for condonation of 297 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Appellant No.2 on record as well as

for setting aside abatement and permission to bring the L.Rs. of

deceased Appellant No.2 on record.

3.        Learned Advocate for the respondents strongly opposed

the application.

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                                    (( 2 ))       1001 SA NO. 80 OF 2023


4.          Perused the application. Considering the reasons stated

therein and the fact that the Applicants seek to bring the legal

representatives of the deceased Appellant No.2 on record so as to

enable this Court to decide the lis finally on merits, the delay deserves

to be condoned as it is not deliberately caused. In view of the facts

and circumstances of the present case, the application deserves to be

allowed in the interest of justice. Hence, the following order:

                           ::ORDER::

      a.    The application is allowed.

      b.    The delay of 297 days caused in filing the Civil
      Application for bringing the legal representatives of
      Appellant No.2 on record is condoned.

      c.    The abatement is set aside.

      d.    Permission to bring the legal representatives of
      of deceased Appellant No.2 on record is granted. The
      amendment be carried out within a period of two
      weeks from today. If the amendment is not carried
      out within the stipulated period, the applicants shall
      be liable to pay costs of Rs.2,000/- to the Advocates’
      Chambers      Allottees   Maintenance      Co-operative
      Society,    High    Court     Premises,     Chhatrapati
      Sambhajinagar.




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                                    (( 3 ))        1001 SA NO. 80 OF 2023


CIVIL APPLICATION NO. 7765 OF 2025 IN SA/80/2023

1.         This is an application for fixing the appeal for final hearing.

2.         Perused the application. For the reasons stated therein, the

application is allowed and disposed of.

3.         Fix Second Appeal No.80 of 2023 along with the connected

Appeals for final hearing on 11.09.2026 at 02:30 p.m. high on board.



                                      [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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